· 9/29/2004
California Fair Employment & Housing Commission v. Gemini Aluminum Corp.
Citations
- 18 Cal. Rptr. 3d 906
- 122 Cal. App. 4th 1004
- 2004 Daily Journal DAR 12140
- 2004 Cal. Daily Op. Serv. 8869
- 2004 Cal. App. LEXIS 1623
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the elements of a prima facie case for religious creed discrimination are “the employee sincerely held a religious belief; the employer was aware of that belief; and the belief conflicted with an employment requirement.”
- setting forth “reasonable steps” that an employer must take to prevent discrimination
- employment conflict existed sufficient to support section 12940(7) claim where employee required to work from Monday to Friday sought leave to attend religious convention beginning .on Friday
- “A causal link may be established with evidence demonstrating that the employer was aware of the protected activity and the adverse action followed within a relatively short time”
- “A discussion of pretext is premature until the employee establishes the prima facie case and the employer offers a legitimate, 26 nondiscriminatory reason for the adverse employment action.”
- “Pretext may also be inferred from the timing of the company’s termination decision....”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hastings
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.